JACKSON v. STATE

No. 76-1892.

350 So.2d 808 (1977)

Stephen JACKSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

As Modified On Denial of Rehearing November 4, 1977.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

The trial court, over appellant's objection, instructed the jury that the state was not required to establish the specific date of the crime even though appellant pled an alibi defense. Appellant claims that in so doing the trial court committed reversible error. We agree and award appellant a new trial.

Appellant, Stephen Jackson, Jr., was charged by information with having committed robbery on October 25, 1975. During discovery...

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